Arbitration Consulting
Arbitration is a type of alternative dispute resolution in which two parties agree to present their case before a disinterested third party. Unlike mitigation, the decision or "award" of the arbiter (also known as an arbitrator or an arbitration tribunal) is legally binding. International commercial disputes, consumer rights disputes, and employment disputes are often settled in arbitration rather than trial courts. Arbitration is particularly well suited to extremely technical cases because an expert in the field can be chosen as an arbiter.
The challenges associated with arbitration consulting are vast. In some cases, contract details skew the rules of the arbitration in favor of the party who wrote up the contract. Employee and consumer disputes are particularly vulnerable to this sort exploitation. Aside from setting contractual terms of the arbitration, employers and merchants often hold the advantage of a commercial litigator who specializes in arbitration consulting.
Because arbitration is legally binding, Bradshaw Trial Consulting views competent arbitration consulting as a critically important factor for a fair arbitration hearing. Entering arbitration without a qualified consultant all, but ensures failure to win the case in question. Qualified arbitration consultants are experts in the field of law on which the arbitration is focused. Employees and consumers rarely possess the legal expertise necessary to properly represent themselves in an arbitration hearing. Indeed, parties in any legal hearing should be represented by qualified counsel.
Litigation expenses are usually lower for arbitration than they are for a court trial. Furthermore, the arbitration is cheaper and decisions are generally reached more quickly. Arbitration is often favorable when disputes are potentially embarrassing for one or more parties involved because the details of the arbitration - including the decision - are confidential.
The complexity of cases presented in arbitration coupled with the expert status of the arbiter makes the process ideal for highly technical cases. These same factors, however, tend to make litigation more difficult. Arbitrations are often perceived as unfair when once party has access to more experienced and higher paid counsel than the other party. Arbitration consulting necessitates a degree of trust between the client and the consultant. Proper preparation regarding the contractual information, legal documents, evidence, and case law helps to offset the disadvantage faced by less experienced counsel.
The expertise of arbiters makes them less susceptible to misleading litigation. Ideally, the arbiter understands the law and the circumstances of the dispute well enough to level the playing field between the two parties. In such cases, arbitration is a fair and meaningful method of dispute resolution.
The New York Convention of 1958 made gave strength to arbitration awards that sometimes exceeds the strength of judgments in small claims courts. Arbitration decisions in one state apply across the United States. Furthermore, the collection process for arbitrations is more adequately enforced. Court case judgments may sit on the books for years with the winner unable to collect due to the evasive nature of the losing party. Arbitration awards have the teeth to ensure that the winning party is able to attain the rightful award.
Arbitration consulting requires expertise and attention to detail that surpasses even the trial lawyer's needs. Tactics and personality traits are less valuable than hard evidence and straight facts.